Can My Family be Compensated for My Injuries?

Did you know that under the Family Law Act, members of your immediate family may be eligible for compensation for injuries you suffered in an accident?

The provisions of the Family Law Act state that a spouse, children, grandchildren, parents, grandparents as well as siblings of an injured or deceased person can claim compensation. The courts have also included in this definition children already conceived and in their mother’s womb at the time of the accident.

The law and the courts have acknowledged the importance of families and the contributions of its members. If your injuries cause a loss for both you and your family, you might be able to join them in your claim for compensation against the person or entity at fault. And in fatality cases, it is the family members who hold the at-fault person or company to account for the death of their loved one by asserting claims for compensation.

What kind of compensation can family members receive?

A family member can be compensated for expenses and the loss of income related to the care of the injured person, services rendered to them and for the loss of care, companionship or guidance the claimant could have expected to receive from the injured or deceased person. Examples of expenses that can be claimed include visiting a family member in hospital or driving them to appointments, the time off work that was necessary to care for the person or the housekeeping done for them due to their injury.

The of loss of care, companionship and guidance is a broader category, which generally relates to the participation and contribution of the injured person to the family before and after the accident and the closeness of the relationship between the injured or deceased person and the claimant.

How does the court determine the compensation?

The court will evaluate each claim individually based on many factors, including the nature of the relationships, whether they lived in the same household or, if not, how much time was spent together, the age of the injured or deceased person and the age of each claimant.

How much time do I have to claim compensation?

You have two years from the date of the accident to start a claim for your injuries. However, you should also take note, in this winter season, you have only 60 days to give notice to the person or entity at fault for your injuries related to snow and ice, and only 10 days if your claim is against the City.

These short timelines make it very important to consult a qualified and experienced lawyer, like the lawyers of Burn Tucker Lachaîne. Doing so ensures that you protect your rights and those of your family, and that you receive fair compensation for the injuries caused by your accident. If you have questions about a claim under the Family Law Act, please contact our office and we will schedule a free consultation with one of our lawyers to discuss your case.

By Catherine Dion-Gagnon of Burn Tucker Lachaîne Personal Injury Lawyers on January 14, 2021
Tags: Personal Injury, Serious Injury